HOUSE BILL No. 5588 February 5, 2002, Introduced by Reps. Bernero, Hale, Lipsey, Mans, Hardman, Schauer, Wojno, Bovin, O'Neil, Lockwood, Spade and Waters and referred to the Committee on Local Government and Urban Policy. A bill to amend 1917 PA 167, entitled "Housing law of Michigan," by amending section 134 (MCL 125.534). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 134. (1) If the owner or occupant fails to comply with 2 the order contained in the notice of violation, the enforcing 3 agency may bring an action to enforcethe provisions ofthis 4 act and to abate or enjoin the violation. 5 (2) An owner or occupant of the premises upon whichanyA 6 violation exists may bring an action to enforcethe provisions7ofthis act in his OR HER own name. Upon application by the 8 enforcing agency, or upon motion of the party filing the com- 9 plaint, the local enforcing agency may be substituted for, or 10 joined with, the complainant in the discretion of the court. 05823'01 LAJ 2 1 (3)WhenIF the violation is uncorrected and creates an 2 imminent danger to the health and safety of the occupants of the 3 premises, or if there arenot anyNO occupants and the viola- 4 tion createsinAN imminent danger to the health and safety of 5 the public, the enforcing agency shall file a motion for a pre- 6 liminary injunction or other temporary relief appropriate to 7 remove the danger during the pendency of the action. 8 (4) Owners and lienholders of record orwho are found9 OWNERS AND LIENHOLDERS ASCERTAINED by the complainantuponWITH 10 the exercise of reasonable diligence shall be served with a copy 11 of the complaint and a summons. The complainant shall also file 12 a notice of the pendency of the actionin the office of the13 WITH THE APPROPRIATE COUNTY register of deedsfor the county in14whichOFFICE WHERE the premises are located. 15 (5) The court, having obtainedOF jurisdiction,shall 16 makesuchorders and determinationsas areconsistent with 17 the objectives of this act. The court may enjoin the maintenance 18 ofanyunsafe, unhealthy, or unsanitaryconditionCONDITIONS, 19 oranyviolations of this act, and may order the defendant to 20 make repairs or corrections necessary to abate the conditions. 21 The court may authorize the enforcing agency tomake repairs22 REPAIR or to remove the BUILDING OR structure.WhenIF an 23 occupant is not the cause ofanyAN unsafe, unhealthy, or 24 unsanitary condition, oranyA violation of this act, and is 25 the complainant, the court may authorize the occupant to correct 26 the violation and deduct the costthereoffrom the rent upon 27suchtermsasthe court determinesto bejust.Whenever05823'01 3 1 IF the courtshall findFINDS that the occupant is the cause of 2anyAN unsafe, unhealthy, or unsanitary condition, oranyA 3 violation of this act, then the court may authorize the owner to 4 correct the violation and assess the costthereofagainst the 5 occupant orhisTHE OCCUPANT'S security deposit. 6 (6)NoA building OR STRUCTURE shall NOT be removed unless 7 the cost of repair of the building OR STRUCTURE will be greater 8 than the state equalized value of the building OR STRUCTURE. 9 HOWEVER, A BUILDING OR STRUCTURE MAY BE REMOVED IF THE BUILDING 10 OR STRUCTURE REMAINS EITHER VACANT OR BOARDED, OR BOTH, AND A 11 SIGNIFICANT ATTEMPT HAS NOT BEEN MADE TO REHABILITATE THE BUILD- 12 ING OR STRUCTURE FOR A PERIOD OF 24 MONTHS. 13 (7)WhenIF theexpensesEXPENSE of repair or removal 14areIS nototherwiseprovided for, the court may enter an 15 order approving theexpensesEXPENSE andproviding that there16shall bePLACING a lien on the real property for the payment 17thereofOF THE EXPENSE. The order may establish AND PROVIDE 18 FOR the priority of the lienand may provide that it shall be a19lienAS A seniorto all other liensLIEN, excepttaxes and20assessments;AS TO TAX AND ASSESSMENT LIENS, AND exceptthat a21 AS TO A RECORDED mortgage ofrecord having a recording date22 FIRST PRIORITY, RECORDED prior to all other liens of record 23shall retain its first priorityif, at the time of recording of 24 that mortgage or atanyA time subsequent,thereto,a certif- 25 icate of compliance as provided for in thisarticleACT is in 26 effect on the subject property. The order may also specify the 27 time and manner for foreclosure of the lien if THE LIEN IS not 05823'01 4 1 satisfied. A true copy of the order shall be filedin the2office of theWITH THE APPROPRIATE COUNTY register of deedsfor3the countyOFFICE where the real property is located within 10 4 days after entrythereof inOF THE order to perfect the lien 5 granted in the order. 6 (8) This act does not preempt, preclude, or interfere with 7 the authority of a municipality to protect the health, safety, 8 and general welfare of the public through ordinance, charter, or 9 other means. 05823'01 Final page. LAJ